MOHAMMED SHABEER Vs. STATE

JUDGEMENT

(1.) Crl.A.No.880/2010 is preferred by Accused No.2 / Mohammed Shabeer and Accused No.3 / Mayaddi challenging the judgment of conviction and order of sentence rendered by the Presiding Officer, Fast Track Court, Mangalore, D.K., in S.C.No.63/2008 dated 26.07.2010. Both of them were convicted for the offences under Sections 489-B, 489-C read with Section 34 IPC and under Section 120-B read with Section 489- B and 489-C of IPC but however they were acquitted of the offences punishable under Sections 489-A and 419 read with Section 34 of IPC. As regards sentence, Accused Nos.2 and 3 were sentenced to undergo rigorous imprisonment for 10 years each for the offence punishable under Section 489-B read with Section 34 IPC and to pay a fine of Rs.10,000/- each; in default of the same, they were to suffer simple imprisonment for three months. Further, Accused Nos.2 and 3 were sentenced to undergo rigorous imprisonment for five years for the offence punishable under Section 489-C read with Section 34 of IPC. Further they were sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 120-B(1) read with Section 489(B) and 489(C) of IPC. All the sentences of accused nos.2 and 3 were to run concurrently and they were entitled to claim set off for the period during which they had spent in judicial custody.

(2.) Crl.A.869/2010 is preferred by Accused No.4 / Mohammed Asif challenging the judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.63/2008 dated 26.07.2010. By the said judgment, Accused No.4 was convicted for offences punishable under Section 120-B read with Section 489- C of the IPC but however was acquitted of the offences under Sections 489-A, 489-B, 489-C and 419 read with Section 34 of IPC.

(3.) Crl.A.872/2011 is preferred by one Santhosh K @ Santhosh Shetty @ Rohit @ Cable Santhu who was Accused No.1 in S.C.No.63/2008. But since he was absconding, the case against him was split up and was registered as S.C.No.51/2010. The connected appeal Crl.A.872/2011 has been preferred by the said accused Santhosh challenging the judgment of conviction and order of sentence rendered by the Presiding Officer, Fast Track Court, Mangalore, D.K., in S.C.No.51/2010 dated 8.8.2011. By the said judgment, the accused / Santhosh was convicted for offences punishable under Sections 489-B and 120-B read with Section 34 IPC but however was acquitted of the offences punishable under Sections 489-A, 489-C and 419 read with Section 34 of IPC. As regards sentence, he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- for the offence punishable under Section 489-B read with Section 34 IPC and in default of payment of fine to undergo simple imprisonment for three months. Further, he was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 120-B(1) read with Section 489-B of IPC. The said sentences were to run concurrently and was entitled to claim set off for the period during which he had spent in judicial custody.